Work Permit to Tier 2

[mubashir9819]

Hi

I got a WP of 5 years from my employer and i have been working for them for 3 years on WP. Now I have got a better job offer from ANOTHER company and I have to leave UK and apply under tier 2.

My question is, what if my tier 2 application is delayed, say for example it takes 4-5 months to get it approved, and then I come to UK, what will happen to my ILR. Do I need to spend another 5 years for ILR or do I just need to make up 4-5 months on it.

Please I need urgent reply on this.

Thanks

[olugboga]

Hi,

I don't know where you got the impression that you need to leave the Uk to apply for Tier2. Since you current leave is for work permit, if you read the guidelines for applying for tier, you can switch incountry if you on some categories including work permit. If i were you, i would not even put in my notice with you current employer untill you COS comes thru and then utill you have applied you rvisa the you can put in your notice, so technically you will not have to loose any das towards your residency.

[mubashir9819]

Hi

The below text is written on the UKBA website


You can switch into Tier 2 (General) from the following immigration categories:

any Tier 1 category
Tier 2 (Sportsperson)
Tier 2 (Minister of religion)
any Tier 4 category
Tier 5 (Temporary worker - Creative and sporting), for a job as a professional footballer - but you cannot switch unless you can meet the Tier 2 requirements, including English language
dependant partner of a Tier 4 migrant
Highly Skilled Migrant Programme
innovator
Fresh Talent: Working in Scotland Scheme
International Graduates Scheme (or its predecessor, the Science and Engineering Graduate Scheme)
Business and Commercial work permits (except multiple entry work permits)
Sports and Entertainment work permits (except multiple entry work permits)
Jewish agency employee
Member of the operational ground staff of an overseas-owned airline
minister of religion, missionary or member of a religious order
overseas qualified nurse or midwife
person writing up a thesis
postgraduate doctor or dentist
representative of an overseas business
student
student re-sitting an examination
student nurse
student union sabbatical officer

If you are not in any of these categories, you must leave the UK and make a new application at your local entry clearance post.[/i]

It says that only Business and Commercial work permit and Sports and Entertainment work permit can switch. As I am neither, it means that I need to leave.

Please advise me on this.

Thanks

[geriatrix]

In all probability, your WP is a "Business and Commercial WP". Check with your employer.

[mubashir9819]

Hi

If you say that my WP is a "Business and Commercial WP", which I can and will confirm with my employer ( and I doubt it if it is that WP ), then what about the next sentence written next to it "except multiple entry work permits"

I definitively know that I have a multiple entry WP as I have been to my home country many times in the last three years, then again it would make ineligible to switching to Tier 2.

Any thoughts on it would be highly appreciated.

Thanks

[PaperPusher]

Look at the work permit, not the visa sticker. It will say if it is a Multiple Entry Work Permit on the actual work permit. All types of work permit VISAS are good for multiple entry.

[mubashir9819]

Hi

I have attached a sample of Work permit that I have. I got this from teh internet. I have checked the format and its exactly the same as my work permit. It does not say if it is a "Business and Commercial WP" nor it says anything about multiple entry. Its just the details are changed in my WP, otherwise everything is the same.

http://photobucket.com/Work_Permit


By looking at this, Could you guide me on it.

Thanks

[rbk1597]

Hi

If you say that my WP is a "Business and Commercial WP", which I can and will confirm with my employer ( and I doubt it if it is that WP ), then what about the next sentence written next to it "except multiple entry work permits"

I definitively know that I have a multiple entry WP as I have been to my home country many times in the last three years, then again it would make ineligible to switching to Tier 2.

Any thoughts on it would be highly appreciated.

Thanks

You got it all wrong. A Multiple Entry WP is equivalent to Tier 2 (ICT) where the worker is able to come and work for a year, then go back to their home country probably for 2 years and come back again to work for say another year and so on.

From the UKBA website:
"This type of permit allows employees who are based overseas to enter the United Kingdom on a regular basis within the period of the permit to work for the same employer"

If your WP was for 5 years and you had been working for that employer only, then its definately "Bussiness and Commercial" and its not "Multiple Entry" and you qualify to switch into Tier 2 under Transitional Arrangements A.